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19-0604_BRENNTAG PACIFIC, INC._Agreement
AGREEMENT FOR. PURCHASE OF CHEMICALS THIS AGREEMENT FOR PURCHASE OFCEMICALS (hereinafter referred to as "Agreement") is made and entered into this day of June, 2019, by and • between CITY OF SAN JUAN CAPISTRANO, (here nafter referred to as "City"), and BRENNTAG PACIFIC, INC., (hereinafter referred to as "Supplier"). RECITALS A. City is a public agency of the State of California and operates, among • other facilities a Groundwater Recovery Plant (hereinafter referred to as "GWRP"). , B. City desires Supplier to provide Ammonium Hydroxide 19%, Sodium Permanganate 20% and Sodium Bisulfite 25% to City for use at its Groundwater Recovery Plant. C. Supplier is duly licensed and has the necessary qualifications to fulfill the obligations set forth herein. D. The parties desire by this Agreement to establish the terms for City to purchase and acquire the goods specified herein. AGREEMENT, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Agreement Duration. This Agreement shall commence on July 01, 2019, and shall be in effect up to and including June 30, 2021. 2. Method of Ordering. 2.1 Supply and Purchase of Goods. Ammonium Hydroxide 19%, Sodium Permanganate 20% and Sodium Bisulfite 25% supplied and purchased under. this Agreement ("Goods") shall be in. compliance with the most current ANSI/AWWA standard for each chemical listed. . 2.2 Request for Delivery. On an as needed basis, City shall submit to Supplier a confirmed -request for delivery of specific Goods, consistent with contact information provided in Paragraph 15. 3. Price. Price for Goods supplied under this Agreement shall be in accordance with Supplier's quotation, attached hereto and incorporated by reference herein as Exhibit "A." The unit price ($/weight of chemical) shall be fixed as set forth in Exhibit "A.". Except where otherwise noted on Page 1 of 12 Exhibit "A," the unit price shall be based on the price per weight of actual active chemical. The unit price shall be all inclusive of Supplier's profit, overhead and costs of producing and delivering the chemical. Separate charges for permit fees, regulatory compliance, taxes, fuel, cleanup will not be accepted. These and all other costs shall be included in the unit price. 4. [RESERVED] 5. Delivery. Supplier shall deliver Goods within three business days of a confirmed request for each delivery. Hours of delivery shall be Monday through Friday,. 6:00am to 12:00pm. 5.1 Business 'Hours. Within one month of the execution of this • Agreement, Supplier shall submit to the City dates Supplier will not be able to deliver Goods due to planned maintenance, holidays or other events that might affect chemical production or delivery. 5.2 Chemical Delivery. Supplier's delivery personnel shall have the applicable adapter/connectors and hoses to complete the chemical delivery. 5.3 Minimum Standards. Goods delivered shall meet or exceed all of the current ANSI/AWWA minimum standards. 5.4 NSF Certification. The City requires all supplied Goods to carry NSF 60 certification. "NSF" shall be stamped directly on the delivery paperwork. 5.5 Certificate of Analysis. A certificate of analysis (hereinafter referred to as "C of A") is required with each load before the Goods can be unloaded. 5.6 Samples. Delivery, vehicles shall be equipped to safely provide samples of Goods, before off-loading. 5.7 Weight-Master's Certificate. A.weight-master's certificate shall be included at the time of delivery. The certificates shall show the weight of thematerial delivered. If a split transport load is handled, . • Supplier shall furnish a second weight-master's certificate within one (1) hour of the original shipment. 5.8 'MSDS/SDS. Under this Agreement, a manufacturer's Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) shall be included with the first delivery of the Goods or after any change in composition of the product, a change in manufacturing process, a change in supplier, or a change 'in labeling/packaging of the product. Page 2 of 12 5.9 Prior to delivery and after the truck has been loaded, all tanker fill/drain accesses shall be sealed with security tags, the serial numbers recorded and emailed to the GWRP Chief Plant Operator. Tags removed by an authorized agency (e.g., D.O.T., CHP) shall be replaced with a tag from that agency. Broken tags shall be kept with the delivery truck to be shown to the GWRP personnel-prior to discarding. 5.10 Location. Deliveries shall be made.to: - City of San Juan Capistrano Groundwater Recovery Plant Attn:'Tim O'Neal • 32470 Paseo Adelanto San Juan Capistrano, CA 92675 • 6. Inspection. Delivery does not constitute acceptance. The City reserves the right to inspect any Goods for conformance with the specifications contained herein. Goods discovered to, be in noncompliance shall be, returned and immediately replacedwith' conforming Goods at Supplier's sole expense. The City shall be reimbursed for any additional cost incurred as a result of Supplier's lack of conformance. A representative of the City may examine Supplier's inventory and production facilities at any time.during the life of this Agreement. 7. ' Goods Specification and Quantity Estimate. The City estimates the quantity of Goods to be required for the•City's operation of the GWRP as indicated on Exhibit "A", attached. hereto and incorporated by reference herein. Weights are based on actual active chemical weight. Quantities of Goods listed may increased.or decreased to meet the requirements of the City during theduration of this Agreement. The City does not guarantee a minimum quantity, and the City reserves the right to purchase more or less product units on an,as-needed basis. 8. Personal Protective Equipment (PPE). Supplier shall wear appropriate PPE when taking samples and off-loading product.. 9. Emergency Spill Plan. In the event of accidents or spills on City property, • Supplier shall follow the proceduresofits Emergency Spill Plan, attached hereto and incorporated by 'reference herein as Exhibit "B." The. Emergency Spill Plan shall include, at a minimum, the annual training the delivery driver receives to deal with material spills, emergency equipment' .the -delivery truck has on board, the type and frequency of equipment inspections, emergency contact telephone numbers and. names of personnel the City can contact.in case of problems.' • Page 3 of 12 , , 10. Security. Due to heightened security measures, Supplier shall be required to fax a photocopy of the driver's photo identification, security tag serial numbers and trailer identification no later than two hours before delivery. Contact Fax Tim O'Neal, Chief Plant Operator 949-443-6398 11. Safety and Compliance with the Law. Supplier and Goods provided shall comply with all applicable laws and regulations of the federal, state and local government including Cal/OSHA requirements, requirements for verification of employees' legal right to work in the United States, air pollution control laws and regulations as applicable to the Supplier, and all relevant U.S. Department of Transportation or Department of Homeland Security regulations pertaining to transportation of hazardous waste, substances and/or materials, as those regulations may be amended from time to time and/or incorporated into state or local laws, regulations and ordinances. If requested, Supplier shall supply to the City information regarding the Supplier's safety ratings, safety audits and implementation of security plans or measures for complying with said regulations. Supplier is responsible for all costs of clean up and/or removal of hazardous and toxic,substances spilled as a result of his or her services or operations provided under this Agreement. 12. Termination. The City reserves the right to terminate this Agreement in its entirety at no cost, except for Goods delivered and accepted. The City shallnotifySupplier no less than 30 days prior to the.date of termination of the Agreement. Reasons for termination of the Agreement include, but are not limited to, the following,:_ • . The Goods are not compatible to the GWRP equipment or are not providing'acceptable process performance; • Poor Goods quality; • Poor or unsafe delivery container quality; and/or • Failure of Supplier to meet any of the Agreement terms and conditions. .- • The sale or transfer of all or part of the City's water and/or sewer utility service to a third party entity. 13. Insurance. The Supplier shall maintain the following insurance during the performance of all services/work under this Agreement. Should any of the • required coveragelapse or be cancelled' during the term of this Agreement, the Supplier shall be obligated to notify the City immediately in writing. All insurance certificates and endorsements required hereunder shall be attached hereto as Exhibit"C." A. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $2,000,000 aggregate (if used) for bodily injury, personal Page 4 of 12 injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG. 00 01). Policies shall not contain any exclusion contrary to this Agreement including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or CG 21 39); (2) cross-liability for claims or suits by one insured against another; or (3) severability of interest. The general liability coverage shall give, City of'San Juan Capistrano, the City Council, members of the City Council and City officers, employees, and agents additional insured status using ISO endorsement CG 20 10, CG 20 37, or endorsements providing the exact same coverage. The general liability insurance shall be primary (using ISO CG 20 01, or endorsements providing the exact same coverage) and any insurance, self-insurance or other coverage maintained by the City shall not contribute to it. B. Automobile Liability Insurance including coverage for owned, non- and hired vehicles (Coverage Symbol 1, any auto) of at least $2,000,000 per occurrence for bodily injury and property damage, at least as broad as Insurance Services Office Form Number .CA 00 01. The automobile liability policy is to contain, or be endorsed to contain the following provisions: Pollution Liability — Broadened Coverage for Autos using ISO Form CA 9948, or an endorsement containing,the exact same coverage and endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980 — Form MCS 90. In the event that the automobile liability policy contains an exclusion for Wrong Delivery of Liquid Products, ISO Form CA 23 05, or similar exclusion endorsement, the general liability policy shall be endorsed to provide this coverage. . C. Environmental Impairment Liability of at least $2,000,000 per claim and $2,000,000 annual aggregate. If coverage is written on a claims made basis, the retroactive date-is to be no later than the effective date of this Agreement. This coverage_ must be maintained for at least 24 months following the expiration date of this Agreement. D. Workers' Compensation (statutory limits) and Employer's Liability Coverage of at least $1,000,000 per occurrence. By its signature hereunder, the Supplier hereby certifies that he/she is aware of the provisions of Section 3700 of the CaliforniaLabor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing services or operations under this Agreement. . E. Insurance carriers shall have not less than an "A-" Financial Strength Rating and Financial'Size Category of not less than "Class VII" according to the latest Best Key Rating Guide unless otherwise approved by the City. Certificates of insurance and policy endorsements shall-be filed with the City prior to Work commencing. If any of the required coverages Page 5of12 expire during the term of this Agreement, the Supplier shall deliver the renewal- certificate(s), including the general liability additional insured endorsement, to the City prior to the expiration date. • F. Notwithstanding the minimum limits set forth in this section, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds. Defense costs shall be paid in addition to the limits. G. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, the City Council,. members of the "City Council and City officers, employees, and agents. - H. Supplier shall ensure that third party shippers contracted by Supplier to deliver the Goods have adequate insurance coverage. 14. Hold Harmless and Indemnification. To the fullest extent permitted'by law, • the Supplier shall indemnify, defend, and hold harmless the City, the City Council, members of the City Council and City officers, employees, and agents, against any and all claims, liabilities, expenses or damages; including reasonable attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Supplier or independent. suppliers hired by Supplier under this Agreement for wages or benefits which arise in connection with ' the performance of the Agreement and the sale or delivery of the Goods, except to the extent caused or resulting from the sole negligence or willful misconduct of the City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and reimbursement of the City's attorneys' fees incurred in such an action. Supplier's obligation to indemnify shall survive the expiration or termination of the Agreement and shall not be. restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council or Cityofficers, employees, and agents. . o 15. Notice. ..Any notice required under this Agreementshall be provided as follows: City of San Juan Capistrano Brenntag Pacific, Inc. , Utilities Department 10747 Patterson Place 32400 Paseo Adelanto Santa Fe-Springs, CA 90670 San Juan Capistrano, CA 92675 Attn: -Kosta Skourtis, Vice Attn: Eric Bauman ' President-Southern Region 16. Independent Transactions. Each shipment shall constitute a separate and independent transaction and Supplier may recover for each such shipment - without reference to any other. Supplier may decline to make further Page 6 of 12 deliveries under this Agreement beforepayment of any amounts past due or satisfactory security for such payment is received. 17. Supplier's Weights Govern. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments, Supplier's weight, certified to by a sworn Weigh-master, shall govern absent manifest error. 18. Warranty., Determination of the suitability of the Product supplied hereunder for'the uses and applications contemplated by the City and others shall be the sole responsibility of the City. Supplier warrants that ,the Product delivered hereunder meets the ' AWWA specification for Ammonium Hydroxide 19%, Sodium Permanganate 20% and Sodium Bisulfite 25%. SUPPLIER MAKES NO OTHER EXPRESS WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE CITY ASSUMES ALL RISK AND'LIABILITY FOR ALL LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM (I) THE USE OF SAID PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE (II) THE HANDLING AND DISPOSAL OF THE PRODUCT. 19.. Taxes. Any,applicable taxes are already included in the pricing set forth in Exhibit "A." 20. Force Maieure. Neither party shall be liable for its failure to perform hereunder if said performance is made impracticable due to any circumstances beyond the reasonable control of the party affected, including but not limited to, acts of God, acts of terrorism, fires, floods, • wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law, order, rule or regulation of government agency or authority, or inability to obtain material (including power and fuel), equipment or transportation. The affected party may omit purchases or deliveries during the period of continuance of such circumstances and the Agreement quantity shall be reduced by the quantities so omitted. During any period when Supplier shall be unable to supply the total demands for any Good provided for in this Agreement, whether caused by the circumstances specified above or otherwise, Supplier may allocate any available Good among all buyers including its own divisions and departments, on such basis as it may deem fair and practical. 21. Waiver. Each party's waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, at any time, shall not in any way affect, limit or waive its right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Supplier of any payment after the specified due date shall not constitute a waiver of the City's obligation, to make further payments on the specified dates. Page 7 of 12 22. Integration. This Agreement represents the entire understanding of the City and Supplier as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement. 23. Laws, Venue and Attorneys' Fees. This Agreement shall be interpreted in accordance with the laws of theState of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. In the event of.any such litigation between the parties, the prevailing party_shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. 24. Third Party.Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and Supplier. 25. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement. shall not render the other' provisions unenforceable, invalid or illegal. 26. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other • electronic means and have the same force and effect as if they were original signatures. . [Signatures, on Next Page] • • Page 8 of 12 • ' SIGNATURE PAGE AGREEMENT FOR PURCHASE OF CHEMICALS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND • BRENNTAG PACIFIC, INC. ( IN WITNESS WHEREOF, this Agreement is executed by. the City and by Supplier-on the day and year first written above. CITY OF SAN JUAN CAPISTRANO ' BRENNTAG PACIFIC, INC. By: Benjamin Siegel By: Laura Tua J A/1. __ Title: City Manager Title: Municipal Bid Manager . Signature Signature: f'''. .' ' Attest: By: , Maria Morris . Title: Cit 11 ,f7_ Signature: ( (' APPROVED AS TO FORM: BEST BEST& KRIEGER LLP By: . ke41410‘ I/4 ___0:: :: ::::) Signature: • Page'9 of 12 Exhibit "A" Product Specification and Quantity Estimate • and • Supplier's Quotation • • Table 1: GWRP Drinking Water Chemical Supply Proposal Sheet A' 1 C t32 g c n a o Z 173 i* °' • E 2. EE • mgv u Ua a.to L?2 mS 'v�� C � Tom 0 D - 4g W Q�. 'UQ M vY rrr0. NaOCI 12.5%Soditim Hypochlorite Tanker Truck 35.000 1,500 $1.25 23 $43,750.00 N Dal ialid""man [rankeThteuc�, is aw MT-Do, fS- cl) tas1560f0}. NaNStd3 2 Sodium Hssulhhte(8 t a er Truclr, 9.31,b ert540 _36 lg 0§/..,9,0.14.14 • Liquid-Orthophosphate $10.20 $60,600.00 PO4 var. 36,0%(50%)1 Polyphosphate(50%) Tanker Truck 3,000 1,000 3 - NEIHSk'lu Ammwnaum hhdroxrde ifamke►Truck7.r00 500 (SM X,41830?Dgl NaOH 50.0%Sodium Hydroxide Tanker Truck 25.000 1.500 $2.45 17 $61,250.00 Comments: 1)Extended price is columns(A'C). Column B1&B2 are for information only. • Supplier Name Brenntag Pacific,Inc. Supplier Initials L-' Page 3 of 3 Proposal Documents Attachment 1 • • • • • Page 10 of 12 Listing Category Search Page NSF International Page 1 of 2 NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,May 14,2019 at 12:15 a.m.Eastern Time.Please contact NSF to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: ittp://info:nsf:org/Certified/PWsChemicals/Listings.asp?CompanyName=Brenntag+Pacific%2C+Inc% 2E&ChemicalName=Soditirri+Permanganate&P1antState=California+CA& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Pacific, Inc. 10747 Patterson Place Santa Fe Springs,CA 90670 United States 323-562-9500 Visitthis company's website (http://www.brenntag.coin/north-america/en/ab ut- brenntagJreeiona1-canabiiitiec resin g-pacificf index�s� Facility: South Gate;CA Sodium Permanganate[PO] Trade Designation Product Function Max Use Sodium Permanganate 5% Oxidant 896mg/L . Sodium Permanganate,2o% Oxidant 224mg/L Sodium Permanganate,40% Oxidant 112mg/L [P0] The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Number of matching Manufacturers is 1 Number of matching Products is 3 http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyNarne=Brenntag+pacific... 5/14/20 1 9 Listing Category Search Page I NSF International Page 2 of 2 Processing time was o seconds • http://info.ns£org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Pacific... 5/14/2019 Listing Category Search Page I NSF International Page 1 of 2 • NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,May 14, 2019 at 12:15 a.m.Eastern Time.Please contact NSF to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: • fittpg/info.nsf orp/Certified•/PwsChemicals/Listings.asp?CompanyName=Brenntag+Pacific a2C+Inc%. 2E&ChemiealName=Sodium+Bisulfite&PlantState=California+CA8S NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Pacific, Inc. 10747 Patterson Place Santa Fe Springs,CA 90670 • United States 323-562-9500 Visit thiscompany`s website(http://www.lirenntag,com/north- america/en/about-brenntaglregional-capabilities/lirOnhtag- pacific/index jsp) Facility: Fresno,CA Sodium Bisulfite[3] Trade Designation Product Function Max Use Anti Chlor 30 Antioxidant 6img/L Sodium Bisulfite 25% Antioxidant 38mg/L Sodium Bisulfite 3o% Antioxidant 6img/L Sodium Bisulfite 38% Antioxidant 38mg/L Sodium Bisulfite 40% Antioxidant 38mg/L • [3] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite-sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L) . • http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+pacific... 5/14/2019 Listing Category Search Page I NSF International Page 2 of 2 Facility: Richmond,CA Sodium Bisulfite[4] Trade Designation Product Function Max Use Anti Chlor 3o Antioxidant 6img/L Sodium Bisulfite 25% • Antioxidant 38mg/L Sodium Bisulfite 3o% Antioxidant 6img/L Sodium Bisulfite 38% Antioxidant 38mg/L Sodium Bisulfite 4o% Antioxidant 38mg/L [4] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite-sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L) . Facility:South Gate,CA J Sodium Bisulfite[2] Trade Designation Product Function Max Use Anti Chlor 3o Antioxidant bung/L Sodium Bisulfite 25% Antioxidant 38mg/L Sodium Bisulfite 3o% Antioxidant 6img/L Sodium Bisulfite 38% Antioxidant 38mg/L Sodium Bisulfite 4o% Antioxidant 38mg/L (2] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite-sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppl (0.1 mg/L) . Number of matching Manufacturers is 1 Number of matching Products is 15 Processing time was o seconds http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+pacific... 5/14/2019 Listing Category Search Page I NSF International • Page 1 of 2 • NSF The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Tuesday,May 14,2019 at 12:15 a.m.Eastern Time.Please contact NSF to confirm the status of any Listing,report errors,or make suggestions. Alert:NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.orz/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Pacific%2C+Inc% 2E&ChemicalName=Ammonium+Hydroxide&PlantState=California+CA& NSF/ANSI bo Drinking Water Treatment Chemicals - Health Effects Brenntag Pacific, Inc. 10747 Patterson Place Santa Fe Springs,CA 90670 United States 323-562-9500 Visit this company's website (http://www.breni tag.com/north-americajenf about- brenritag/regidnal-liabilities/brenntag-pacific/index jsp) Facility: Santa Fe Springs, CA Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide 15% Dechlorinator&Antioxidant 33mg/L Chloramination Ammonium Hydroxide 19% Dechlorinator&Antioxidant 26mg/L Chloramination Ammonium Hydroxide 20% Dechlorinator&Antioxidant 25mg/L Chloramination Ammonium Hydroxide 26 Be Dechlorinator&Antioxidant 17mg/L Chloramination Ammonium Hydroxide 29.4% Dechlorinator&Antioxidant 17mg/L Chloramination • http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+Pacific... 5/14/2019 Listing Category Search Page I NSF International Page 2 of 2 NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Number of matching Manufacturers is 1 Number of matching Products is 5 Processing time was o seconds J , http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=Brenntag+pacific... 5/14/2019 Exhibit "B" Emergency Spill Plan Page 11 of 12 r • BRENNTAG • RE: Emergency Spill Plan—additional data Our drivers are trained to respond to small, incidental releases. They receive several hours of safety training each year. Some of the applicable spill related courses include:small spill response, personal protective equipment, hazardous waste, HAZCOM, etc. Our trucks are equipped with spill kits that include absorbent, absorbent pads,pigs, shovels, brooms, etc. The spill kits are not • • inspected at assigned frequency. They are inspected and restocked after they have been used. Our drivers are instructed to call their supervisor in the case of a large, uncontrolled release.. The Supervisor will then call our emergency response contractor, LURA Emergency Services, to respond to the spill. Sincerely, Michael Nassralla Regulatory Compliance Manager Brenntag Pacific,Inc. Office Phone: (562)777-9388 Cell Phone: (562)322-2565 mnassralla@brenntag.com ConnectingChemistry • Regional Headquarters:10747 Patterson Place;Santa Fe Springs, CA 90670 Standard Operating Procedure Procedure Number: 1605 Page 1 of 4 Process Owner(Dept): Transportation Effective Date: 4/1.0/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies Policy Brenntag Pacific, Inc.(BPI)employees shall offer only advisory or technical information in the event that the Company is notified by a commercial or contract carrier of a transportation spill or release involving chemicals owned or distributed by BPI facilities. However, BPI employees should not actively participate in the clean up it self. When responding to transportation spills and releases involving a BPI driver and/or vehicle BPI employees are expected to conform to the procedures and strategies described below. Background and Scope Transportation incidents involving the release or threatened release of hazardous substances or hazardous wastes constitute a potentially serious threat to the public, the environment, and the safety and health of drivers and first responders. Chemical distributors who transport products, or arrange for the transport of their products, are subject to DOT reporting requirements and are expected to be knowledgeable about emergency response guidelines for their products that may be spilled or released during the transportation process.Accordingly, BPI has developed specific policies and procedures, including programs for branch and corporate personnel.All employees are expected to comply with these procedures. Responsible Individuals Actions or Responsibilities Vice President of Operations • Develops and disseminates policies and procedures. • Maintains overall responsibility for developing effective training programs to ensure employee safety and company response. • Coordinates emergency spill response activities. • Notifies regulatory agencies as appropriate. • Reviews effectiveness of policies, procedures, and training programs following a significant spill. • Initiate a response as necessary by BPI's approved emergency response contractor. Safety, Regulatory Compliance Quality • Assists in coordinating emergency spill (SRQ)Manager response activities. • Provides regulatory notifications as appropriate. • Audits transportation incidents and branch files. • Conducts performance-based training audit on periodic basis. • Initiate a response as necessary by BPI's approved emergency response contractor. BRENNTAG PACIFIC, INC. BRENNTAGIE • Standard Operating Procedure Procedure Number: 1605 Page 2 of 4 Process Owner(Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies Environmental, Health &Safety Manager • Develops training programs in coordination with SRQ Manager. • Conducts performance based audits of training effectiveness. • Participates in post accident reviews. • Initiate a response as necessary by BPI's approved emergency response contractor. District Operations Manager • Assists in coordinating emergency spill response activities. • Notifies regulatory agencies as appropriate. • Prepares transportation incident reports and maintains incident files. • Initiate a response as necessary by BPI's approved emergency response contractor. Drivers • Notifies authorities and supervisors of an incident. • Remains at the scene, protects the scene. • Documents the incident. District Operations&Operations Manager • Coordinates the spill response activity with the driver. • Provides information and advice to first responders about BPINendor products. • Investigates the incident and provides a written report. • Participates in post-incident review. Policy Requirements and Procedures A. Incidents involving Commercial/ Contract Carriers 1. Regulatory Compliance Manager, E.H &S. Manager or SRQ should provide information and advice about BPI/vendor products to emergency responders (to the extent known). 2. As a general rule, BPI should not arrange for emergency responders to respond to an emergency transportation incident or reports such incidents to regulatory authorities unless the commercial/contract carrier is unable or unwilling to do so. If BPI is obligated to retain outside contractors to protect the public or the environment because if the unwillingness of the commercial or contract carrier to do so, BPI employees should inform the carrier that carrier will be held responsible for response costs. B. Spills Incidents Involving Company Vehicles BPI drivers should follow the guidelines, procedures and strategies shown below. 1. Understand the order of priorities BRENNTAG PACIFIC, INC. B R E N N TAG Standard Operating Procedure Procedure Number: 1605 Page 3 of 4 Process Owner(Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies a) Life safety b) Incident stabilization c) Control of chemical releases 2. Remain calm and under control. If you are injured, call 911 or have someone else call 911. 3. Contact your immediate supervisor for instructions and begin securing the area (isolate and deny entry). 4. If smoke,fire or chemical odors are observed, immediately evacuate the area and keep people away from the scene. Do not open trailer doors if smoke or fire is observed. Call 911; provide location, directions, and notify responders if persons are injured. Stay at the scene to assist emergency responders. 5. if there is no smoke,fire, explosion or chemical odors, check for spills or leaks. 6. Identify the spilled material by checking shipping papers, the MSDS,and the Emergency Response Guidebook.Try to determine what and how much of the material is leaking or spilling. 7. Carefully open the trailer door and look for fluid leaking on pallets of the trailer floor. Look for overturned or damaged containers. 8. If a spill or release can be safely contained by the driver with the tools and equipment from the Company vehicle, do as follows: a) Retrieve personal protective equipment(PPE)and spill control equipment from the vehicle. b) Don appropriate PPE as the situation requires. (Only do so if properly trained) c) Stop leaking fluids from spilling onto the street, highway, or into sewers or streams; make a berm with dirt or absorbent material and cover any sewer openings with a rubber sewer cover. d) Use the broom or shovel to mix the absorbent material with the spilled material. e) Place the absorbent material into the proper recovery drums. Label the drums for proper disposal. Dispose of any contaminated PPE or other equipment in the same manner. 9. If the spill or release cannot be contained safely by the driver he/she must immediately contact their supervisor to initiate a third party emergency response. 10. Remain on the scene. Do not leave the scene of the incident until authorized to do so by an agency official and your supervisor. 11. Document the incident. Obtain names, titles and business cards of all witnesses and regulatory officials at the scene.Take photos. BRENNTAG PACIFIC, INC. B R E N NTAG Standard Operating Procedure Procedure Number: 1 605 Page 4 of 4 Process Owner(Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies Revisions Log&Approval: Date: Revision: Explanation of change: Approved By: 10/2/07 1 Responsible individuals Tom Bajema 5/29/09 2 Template Jorge F Martinez BRENNTAG PACIFIC, INC. BRENNTAGINE Exhibit "C" Insurance Certificates Page 12 of 12 ei DATE(MMIDD/YVYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 1212812018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE'AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. PHO FAX 1717 Arch Street _(ALCNiYee,EA'. (NC.Nol: • Philadelphia,PA 19103-2797 EMAIL- ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 0 CN101263979-"ALL-GAW-19-20 INSURER A:Insurance Company Of The State Of PA 19429 INSURED INSURER B:ACE American Insurance Company 22667 BRENNTAG PACIFIC,INC. 10747 PATTERSON PLACE INSURER C:Indemnity Insurance Company of North America 43575 SANTA FE SPRINGS,CA 90670 INSURER D:ACE Fire Underwriters Insurance Company 20702 • INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006120486-25 REVISION NUMBER: 17 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY,PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE.INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, MSR ADDtS-013R' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD MMD POLICY NUMBER (MMIDDIYYYY) (MM/DD/YY.YY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL6634468 01/01/2019 01101/2020 EACH OCCURRENCE $ 2,000,000 • — I CLAIMS-MADE l "' I OCCUR _PREMISES lEa�occurrend ce) _ $ 1,000,600 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- -XI JECT. LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ISAH25277399 01/01/2019 01/01/2020 COMBINED SINGLE LIMIT $ 2,000,000 (Ea=Eden° X ANY AUTO BODILY INJURY(Per person) $ OWNED ` SCHEDULED } AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE , $ AUTOS ONLY AUTOS ONLY '(Per accident) UMBRELLA LIAB , EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED , RETENTIONS $ B WORKERS COMPENSATION WLRC65434404(AOS) 01/01/2019 01/01/2020 x PER 0TH- ' AND EMPLOYERS'LIABILITY STATUTE. ER , WLRC65434362(CA,MA) 01/01/2019 01/01/2020 ANYPROPRIETOR/PARTNER/EXECUTIVE l N/A EL,EACH ACCIDENT $ 2,000,000 l D OFFICER/MEMBEREXCLUDED7 SCFC65434441(WI) 01/01/2019 01/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 Ires,describe under DESCRIPTION OF.OPERATIONS,below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached If more space Is required) ' City of San Juan Capistrano,its officers,employees,agents and volunleers are included as Additional Insured except for Workers Compensation,where required by written contract,Sudden and Accidental Pollution is included with the General Liability Policy.Pollution Uability-Broadened Coverage is provided under the Automobile policy, Where required by written contract this insurance is primary and non-contributory over any existing insurance and it is limited to liability arising out of the operations of the named insured and is subject to policy terms, CERTIFICATE HOLDER, CANCELLATION City of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Justin Kirk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 32400 Paseo Adelanato ACCORDANCE WITH THE POLICY PROVISIONS. San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee a'vtoa 62 44 .e�.rvtn4-e.4- ©1988-2016 ACORD CORPORATION. All rights reserved. • ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 2 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Brenntag North America, Inc. Endorsement Number 1 Policy-Symbol Policy Number 'Policy Period Effective Dale of Endorsement ISA H25277399 01!01/2019 TO 01/01/2020 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to he completed only when this endorsement Is Issued subsegUent•to the prepararlon•of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any,person. or organization whom you have_agreed to include-as an additional insured under a written contract, provided such.contra&was executed prior to the date of loss. A. For a covered "auto,"Who Is Insured is amended to include as an "insured,"the persons or organizations named in this endorsement. However,these persons or organizations are an "insured"only for"bodily injury"or"property damage"resulting from acts or omissions of: • 1. You. • 2. Any of your"employees" or agents. 3. Any person operating a covered"auto"with permission from you, any of your"employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative • DA-9U740(0.3116) Page 1 of 1 2 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Brenntag North America, Inc. Endorsement Number 14 Policy Symbol 'Policy Number Policy Period Effective Date of Endorsement ISA H25277399 01101/2019 To 01/01/2020 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number:Ttie remainder of the information Is to be completed only when this endorsement is issued)subseyueht tck the'preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such noncontributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. • (If no information is filled in, the schedule shall read: `All persons or entities added as additional insureds through an endorsement with the term"Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a lass we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Representative DA-21886b(06/14) Page 1 of 1 POLICY NUMBER: GL 6634468 COMMERCIAL GENERAL LIABILITY EFFECTIVE DATE: JANUARY 01,2018 CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER'INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ENDORSEMENT • This endorsement, effective 12:01 A,M. 01/01 /2018 forms a part of policy No.GL, 663-44-68 issued to BRENNTAG NORTH AMERICA, INC. • by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT {Primary Coverage) • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM • SCHEDULE ADDITIONAL INSURED: AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. • • SECTION 01 - WHO IS AN INSURED, 'I, , is amended to add: Any person or organization shown in the schedule above you become obligated to include as an additional insured under this policy as a result of any contract or agreement you enter into which requires you to furnish insurance of the type provided by this policy for that person or organization, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: e The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. For the purposes of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.. Other Insurance a. Primary Insurance, any other insurance available to any Additional Insured shown in the schedule above will not be deemed primary. All other terms and conditions remain the same. • • 'o'rizeCATIcZentative or Countersignature lin States.Where Applicable) 83644 (8/12) Include copyrighted inaterial of Insurance Services Offico, Ini .with its permission Page 1 of 1 • Donna Connelly Assistant Vice President d Marsh USA Inc. Three Logan Square 1717 Arch Street, Suite 1100 • Philadelphia, PA 19103 +1 215 246 1282 Donna.Connelly@marsh.com www,marsh.corn • TO: Brenntag North America, Inc. December 27, 2017 Subject: ACORD Certificate of.Insurance Change Due to an industry-wide change to ACORD Certificate of Insurance forms, we are no longer able to provide 30 days "Endeavor to Mail" Notice of Cancellation on certificates. Under your policy terms, Insurers are not required to provide advance notice to certificate holders, . and as such, Marsh is not authorized to evidence such wording on ACORD certificates: We continue to work with carriers in an attempt to develop a mechanism to address instances where there is a contractual requirement to provide this statement, and will inform you of any solution which may become available. Sincerely, i nn t. G' ' Donna M. Connelly Assistant Vice President • • • document2 • • • • • • • • MARSH&MCLENNAN S0W TlON5„,DEFT, ED,DESIGNED,.AND DELIVERED, COMPANIES